Fell At The Vamc, Now Told To File With Varo? I Am Not A Veteran.

[TiredVeteran]

Sorry if this is the wrong forum. I am the wife of a veteran. Took my husband to the VA for his appointment, parked the van, and had a bad fall going in the door due to construction materials lying around. I can't remember much of that fall. First thing I recall was a midget trying to get me up. ok, it was not a midget, it was me being addled. The incident was on tape, the VA reviewed it and sent me what appears to be a tort claim or 1151, I get those confused. VA refused any help in paying my medical bills.

WHY are they always so adverserial? Have to make sure this doesn't impact my husband more than necessary, he sure doesn't need the stress. Also, how do I get their records on what happened that day? The letter states I do not need an attorney. I do need someone to help me with this though. I thought the Regional Offices were for veterans? If they are going to force me to go through

some type process, how do I get their tape protected from being erased?

Sorry to ask you all for help, but really don't know who to ask?

Debbie

[TiredVeteran]

Do you get ChampVA?...> Beings your husband is a disable veteran?

they can help you pay medical bills.

jmo

Buck

Buck, Yes, I have ChampVA. A few years ago, I was up checking on Jimmy in the middle of the night. Got a piece of his sheet under my foot and hit the bed rail when I landed on my arm. Broke my arm. Three years later, ChampVa wrote to try and get the payment back, they thought it happened in the hospital, but it was in our bedroom. J has called me GI Deb since then, since I had no way to get to the hospital and no one to stay with him, I wrapped my broke arm in a quilt and waited until the next day to get it xrayed and casted. ChampVa ended up covering that broke arm. So, this made me leary of accidents happening elsewhere.

[TiredVeteran]

Berta,

Thank you. I will search for your advice on filling out the form. Although I don't know a total until I get all medical bills. It will be sent to VARO and DC, certified with

signature confirmation.

I wish I never had to be at the VAMC, ever again.

[Berta]

"I am scared they will erase the tape."

I suggest you send the Regional Counsel a letter ( and include the SF 95 if you have filled it out yet,) by Priority Mail with a tracking slip , asking that this tape, as evidence, be properly accounted for by the VA,since it did exist , it should still remain and exist at the VA during the process of the SF 95 matter.

If you have not filled out the SF 95 yet briefly describe to the RC what happened,where and when, and that you intend to fill it out.

I could write a book on my FTCA case. The VA will often go as low as they can go.....at the VARO level.on 1151 /FTCA issues....

I assume you wont have to dealt with some quack C & P doctor however, because you are a civilian and you have medical evidence from a real doctor.already.

My FTCA case was the easiest claim I ever filed in over 20 years.It took a lot of work, dont get me wrong, on my part, but

that is because the medical evidence was read by the Regional Counsel here in NY, and by the lawyers at OGC in DC.

and unlike the RO employees, these lawyers know how to read.

I did not have a IMO or a lawyer and I suggest you do obtain a lawyer.

VA is correct to say you dont have to have a lawyer, but unless you know VA case law and the FTCA regs, I sure would get one if I were you.

One other thing, has this accident left you with any medical problems you didnt have before the accident?

Did they treat you at the VA ER right away?

Do you have a copy of that discharge certificate?

.

[Berta]

"Although I don't know a total until I get all medical bills. It will be sent to VARO and DC, certified with"

I am sure a lawyer would advise to ask for much more than that total of medical bills.

I am not sure how this works with CHAMPVA however....

I asked for 58 Million on my SF 95 when they killed my husband.

Of course I didnt get that but I negotiated with GC for what I wanted and am still happy with the settlement.

Many states control FTCA settlement amounts these days, another reason to talk to a lawyer.....ot to access that info on line.

[georgiapapa]

TiredVeteran,

I agree with the above suggestion regarding hiring an attorney ASAP. I would hire an attorney who specializes in handling federal tort claims and personal injury claims against the federal government.

Definitely have your attorney get the CCTV tape recording or a copy of it as soon as possible. In the federal building I worked in, our office was in charge of the CCTV surveillance at the facility. It was our policy to maintain the CCTV tapes for 30 days and after 30 days the tapes were reused (taped over). If we received a request to preserve a tape due to an incident occurring in our facility, we would do so. However, we did this as a courtesy not as a policy. Personally, I would not trust the VA to preserve anything for you as a courtesy. I would let your attorney get the CCTV tape for you. If the attorney takes your case on a contingency fee, he or she will get the tape. JMO

Good luck and good health to you and your husband.

GP

[SeattleShay]

Just remember taking good care of yourself is taking care of your husband....